Disputes regarding Clause Samples
The "Disputes regarding" clause defines the process and procedures for resolving disagreements that arise between the parties under the contract. Typically, this clause outlines the steps to be taken when a dispute occurs, such as negotiation, mediation, or arbitration, and may specify the jurisdiction or governing law. Its core practical function is to provide a clear, agreed-upon framework for handling conflicts, thereby reducing uncertainty and helping to prevent prolonged or costly litigation.
Disputes regarding nonpayment of a Consultant’s invoice under this Article 8 may be submitted to non- binding Alternative Dispute Resolution (ADR) upon mutual agreement of the Owner and the Consultant. In such event, the Owner and the Consultant shall share equally the fees and expenses of the selected mediator, arbitrator, umpire or other ADR neutral. Provided, however, that nothing herein shall be construed, in whole or in part, as a waiver, release or modification of the provisions of the New Jersey Contractual Act, N.J.S.A. 59:13-1 et seq. as it governs claims against the State.
Disputes regarding nonpayment of a Consultant’s invoice under this Article 8 may be submitted to non- binding Alternative Dispute Resolution (ADR) upon mutual agreement of the Owner and the Consultant. In such event, the Owner and the Consultant shall share equally the fees and expenses of the selected mediator, arbitrator, umpire or other ADR neutral. Provided, however, that nothing herein shall be construed, in whole or in part, as a waiver, release or modification of the provisions of the New Jersey Contractual Act, N.J.S.A. 59:13-1 et seq. as it governs claims against the State.
8.4.2 A Consultant not paid sums due under an approved invoice within thirty (30) days of the billing date may suspend performance without penalty for breach of contract, but only after providing the Owner with seven (7) days written notice of non-payment, and only in the event that the Owner fails to furnish the Consultant, within that seven
Disputes regarding the Application of this Clause
Disputes regarding a. a salary outcome or rating of an Appraisal; or
b. an employee who believes that they have regularly been performing, and were required to perform, tasks beyond the level specified in their Job Plan; will be dealt with in accordance with subclause 60.4 Reconsideration and Appeal against an Appraisal Decision.
Disputes regarding the Assessment of Non-Compliance Points
(a) The Developer may object to the assessment of Non-Compliance Points or the amount of Non-Compliance Points assessed by delivering to the Department written notice of its objection within 10 Days of receipt of the Department’s written determination assessing the Non-Compliance Points at issue. Such notice will set forth with specificity the grounds for the Developer’s objection.
(b) The Department will reasonably consider the Developer’s objections and Representatives of the Department and the Developer will meet to discuss the matter within 30 Days after the Developer has provided its written objection. If, at the conclusion of this 30 Day period, the Developer still objects to the Department’s decision, it may pursue dispute resolution under Article 21.
(c) If for any reason the Developer fails to deliver its written notice of objection within the time periods specified in Sections 11.06(a) and (b), the Developer will have waived its right to challenge the Department’s assessment of Non-Compliance Points.
Disputes regarding. Arbitration Any dispute between the Parties as to whether a dispute shall be submitted to arbitration under Sections 49.2 shall be resolved by initiation of an action in the Commonwealth Court of First Instance, San ▇▇▇▇ Part (the “Commonwealth Court”).
Disputes regarding. Safety Issues
Disputes regarding. […***…]. If such dispute is regarding the […***…], then (I) […***…] and (II) […***…].
Disputes regarding the Application of this Clause Where a dispute arises as to the application or implementation of this clause, the matter shall be dealt with pursuant to the Disputes Procedure of the Agreement, at clause 3.1.
Disputes regarding. [ *** ]; Arbitration. Any dispute or failure to agree [ *** ] that is not resolved pursuant to Section 6.1 shall be settled by [ *** ] as follows. Either Party, following the end of the [ *** ] period referenced in Section 6.1, may refer such issue to arbitration by submitting a written notice of such request to the other Party. Promptly following receipt of such notice, the Parties shall meet and discuss in good faith and agree on an arbitrator to resolve the issue, which arbitrator shall be neutral and independent of both Parties and all of their respective Affiliates, shall have significant experience and expertise in [ *** ] in the [ *** ], and shall, if practicable, have some experience in negotiating, mediating, litigating or arbitrating issues relating to such agreements. If the Parties cannot agree on such arbitrator within [ *** ] of request by a Party for arbitration, then such arbitrator shall be appointed by the American Arbitration Association, which arbitrator must meet the foregoing criteria. Within [ *** ] after an arbitrator is selected (or appointed, as the case may be), each Party will deliver to the arbitrator both its proposed final version of the Acquisition Agreement (the “Proposed Terms” of the Party) and a memorandum (the “Support Memorandum”) in support thereof, not exceeding [ *** ]. The Parties will also provide the arbitrator a copy of this Option Agreement (and any other agreements referenced herein). Within [ *** ] after receipt of the other Party’s Proposed Terms and Support Memorandum, each Party may submit to the arbitrator (with a copy to the other Party) a response to the other Party’s Support Memorandum, such response not exceeding [ *** ]. Neither Party may have any other communications (either written or oral) with the arbitrator other than for the sole purpose of engaging the arbitrator or as expressly permitted in this Section 6.2; provided that, the arbitrator may convene a hearing if the arbitrator so chooses to ask questions of the Parties and hear oral argument and discussion regarding each Party’s Proposed Terms. Within [ *** ] after the arbitrator’s appointment, the arbitrator will select [ *** ]. The decision of the arbitrator shall be final, binding, and unappealable. For clarity, the arbitrator must select [ *** ]. The arbitrator shall assess his or her costs, fees and expenses against the Party losing the arbitration.